Opinion
No. 05-07-01584-CR
Opinion Filed August 1, 2008. DO NOT PUBLISH TEX. R. APP. P. 47.
On Appeal from the 195th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F06-29856-XN.
Before Justices WRIGHT, BRIDGES, and MAZZANT. Opinion By Justice WRIGHT.
OPINION
A jury convicted Titus Don Banks of aggravated robbery with a deadly weapon, a firearm, and assessed punishment at sixteen years' imprisonment and a $10,000 fine. In two points of error, appellant contends the sentence constitutes cruel and unusual punishment. We affirm. Appellant argues the sentence is disproportionate to the offense and constitutes cruel and unusual punishment, in violation of the United States and Texas Constitutions because he expressed remorse and apologized to the complainant, had no prior felony convictions and was eligible for probation, and expressed his desire for probation. The State responds appellant has failed to preserve his complaints for appellate review and, alternatively, the sentence does not violate the United States or Texas Constitution. Appellant did not complain about the sentence either at the time it was imposed or in a motion for new trial. See Tex. R. App. P. 33.1(a)(1); Castaneda v. State, 135 S.W.3d 719, 723 (Tex.App.-Dallas 2003, no pet.). Even constitutional rights, including the right to be free from cruel and unusual punishment, may be waived. Rhoades v. State, 934 S.W.2d 113, 120 (Tex.Crim.App. 1996); Castaneda, 135 S.W.3d at 723. Moreover, the sentence is within the statutory punishment range for the offense. See Tex. Pen. Code Ann. § 12.32 (Vernon 2003); Kirk v. State, 949 S.W.2d 769, 772 (Tex.App.-Dallas 1997, pet. ref'd). We overrule appellant's two points of error. We affirm the trial court's judgment.